There are many different laws regarding sexual contact and unlawful sexual behavior in Fort Collins, Colorado. One of those crimes is called Unlawful Sexual Contact. Let’s look at how this crime is charged in Larimer County and across Colorado.
Larimer County Unlawful Sexual Contact Lawyer: Colorado Law Definition of Unlawful Sexual Contact
The Larimer County, Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – is:
(a) The actor knows that the victim does not consent; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or
(d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or
(e) Repealed.
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or
(g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
(1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor’s own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection (1.5), the term “child” means any person under the age of eighteen years.
An important definition to understand this this crime is sexual contact. According to Colorado law, ‘sexual contact’ means:
(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or
(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.
Attorney for Unlawful Sexual Contact Charges in Loveland: What is the Penalty for Unlawful Sexual Contact?
In most cases, Unlawful Sexual Contact is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail, plus fees and fines. A greater consequence is the requirement for someone convicted of this crime to register as a sex offender. Currently there is a 10 years registration requirement before someone could petition the court to discontinue registering. If certain aggravating factors apply, then Unlawful sexual Contact can be charged as a class 4 felony. Those aggravators include:
- The actor compels the victim to submit by force, intimidation, or threats;
- The actor was charged under subsection (g)
The class 4 felony Unlawful Sexual Contact charge is punishable by 2 to 6 years in the Colorado Department of Corrections for a charge under subsection (g). If there were force, threats, or acts of intimidation involved, it is considered a violent crime, which means the sentence range is 4 to 12 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Unlawful Sexual Contact, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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